Ramsden v. Farm Credit Services of North Central Wisconsin ACA
Wisconsin Court of Appeals
590 N.W.2d 1 (1998)
After learning that an underground gas tank had contaminated the soil and groundwater of a dairy farm it was foreclosing on, Agribank and its agent Hass (defendants), acting as auctioneer, sold the property to the Ramsdens (plaintiffs) while telling them Agribank would cover any tank-related cleanup, that the farm was suitable for dairy use, and that there was plenty of clean drinking water -- without disclosing the known groundwater contamination or that the previous owner's cattle had gotten sick. After moving in, the Ramsdens' cattle and Mark Ramsden himself became ill, and water testing revealed benzene contamination that ultimately killed 186 cows; the trial court dismissed claims against Hass personally, reasoning he made the statements only as an agent.
Whether an agent can be held liable to a third party for misrepresenting the condition of a property.